Danyll W. Foix

Partner

Washington, D.C.
T +1.202.861.1596
F +1.202.861.1783

Overview

Dan Foix helps clients resolve commercial challenges such as antitrust claims, class actions and government investigations. He also counsels clients on matters ranging from day-to-day antitrust questions to long-term business initiatives. In litigation, Dan provides efficient representation of companies defending claims in both individual and class action cases. On the plaintiff side, he helps clients evaluate, prepare and litigate claims, recovering more than $400 million in recent years. In addition, Dan represents clients in investigations by the Department of Justice and Federal Trade Commission. He has guided clients through investigations and helped formulate resolutions that make business sense.

Dan also publishes and presents on best practices and developments in the antitrust and class action sectors. He is a contributing author of ABA books on antitrust and class actions and has authored articles published by the ABA. His antitrust experience and client representation has been recognized by leading attorney directories, including being “recommended” for antitrust-civil litigation/class actions by The Legal 500 and being selected as a “top rated antitrust litigation lawyer” by Super Lawyers.

Select Experience

  • Providing antitrust advice and general counsel for companies and associations on marketing, distribution, pricing, contracting, acquisitions and other matters.
  • Advising clients on potential antitrust claims and assisting with the investigation, evaluation, preparation and prosecution of claims.
  • Representing clients in large and small ongoing antitrust matters, including In re Capacitors Antitrust Litigation, In re Auto Parts Antitrust Litigation, and In re Vehicle Carrier Services Antitrust Litigation.

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Experience

  • Providing antitrust advice and general counsel for companies and associations on marketing, distribution, pricing, contracting, acquisitions and other matters.
  • Advising clients on potential antitrust claims and assisting with the investigation, evaluation, preparation and prosecution of claims.
  • Representing clients in large and small ongoing antitrust matters, including In re Capacitors Antitrust Litigation, In re Auto Parts Antitrust Litigation, and In re Vehicle Carrier Services Antitrust Litigation.
  • Trial team for the Official Committee of Tort Claimants in historic bankruptcy case of Pacific Gas & Electric, on behalf of more than 75,000 victims of California wildfires, which resulted in a $13.5 billion settlement for wildfire claimants.*
  • Served as one of the trial counsel to a global engineering company in an indemnity case arising out of a food manufacturing plant explosion. After a four-week trial, a Nebraska jury returned a verdict of $108.9 million in favor of the client, twice the amount of the largest verdict in the jurisdiction at that time. This result was recognized by the National Law Journal as a “Top 50 Verdict” of 2016 in its Elite Trial Lawyers report.*
  • A principal attorney representing certified classes of dairy farmers in an action alleging dairy processors, cooperatives and others unlawfully conspired to eliminate competition for purchase of raw milk in 14 southeastern states. The litigation recovered more than $300 million, plus non-monetary relief, for the clients and class.*
  • Member of a team representing a large global manufacturing client, including as a key team member in state and federal court litigation involving antitrust, dealer termination, breach of contract and fraud claims.
  • Represented an international animal association in investigations by Federal Trade Commission and reached negotiated resolutions.
  • One of the principal attorneys representing a certified class of dairy farmers in an action alleging an unlawful conspiracy to eliminate competition for purchase of raw milk in the Northeast. Settlements totaling $80 million, plus non-monetary relief, were obtained on behalf of the clients and class, and defended in Second Circuit appeals.*
  • Represented a food company in a hostile dispute with a rival corporation over the misappropriation of product packaging trade secrets. The three-year matter was resolved via settlement of all claims on the eve of trial.
  • Represented a group of insurance companies and individuals in a Department of Justice investigation of alleged anticompetitive pricing practices. The investigation closed following limited discovery, with no action taken by the government.
  • Represented a food and beverage company in a Federal Trade Commission investigation of a proposed acquisition. Obtained acquisition clearance.
  • Represented a class of tobacco growers in price-fixing actions against tobacco dealers and cigarette manufacturers. Recovered funds for the clients in a series of settlements after extensive litigation, with a remaining defendant settling at trial.

* Does not guarantee similar results in comparable matters.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2014, 2017 to 2019)
    • Recommended in Antitrust - Civil Litigation/Class Actions: Defense
  • Washington, D.C. "Super Lawyer" (2014 to 2017, 2019 to 2021)
  • National Law Journal "Elite Trial Lawyer" Report: Top 50 Verdict (2016)

Memberships

  • American Bar Association
    • Section of Antitrust Law
    • Section of Litigation

Publications

Articles

Featured Video

The Failing Firm Antitrust Defense – How To Navigate Financially Troubled Mergers During a Pandemic
Play Video

Hear antitrust issues merging firms may face when at least one is failing in the midst of a pandemic.

Admissions

  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Minnesota
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • District of Columbia
  • Minnesota

Education

  • J.D., University of Minnesota Law School, 1998, Journal of Law & Inequality, Managing Editor (1997-98) and Staff Editor (1996-97)
  • B.A., University of Minnesota, 1995

Blog

In The Blogs

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Antitrust Advocate
Federal Trade Commission's Historic Attempt to Drive a Mack Truck Through the Sherman Act
By Jeffry W. Duffy, Tyson Y. Herrold, Carl W. Hittinger, Justin M. Kadoura
November 21, 2022
Key Takeaways The Federal Trade Commission (FTC) issued a historic statement, setting out a new framework for assessing “standalone” claims of “unfair methods of competition” that can be brought by the FTC alone under Section 5 of the FTC...
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Antitrust Advocate
Yer out (for now): MLB dismissed from antitrust lawsuit because of historic antitrust exemption
By Julian D. Perlman
November 8, 2022
In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied antitrust immunity. Coming almost on the eve of...
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Antitrust Advocate
DOJ Antitrust Brings First Criminal Monopolization Case in More Than 40 Years
By Lindsey Olson Collins, Carl W. Hittinger, Ann M. O'Brien
November 4, 2022
Key Takeaways U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly. The elements enumerated in the Zito plea...
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Antitrust Advocate
Hospital Mergers: The Future of COPA Immunity
By Tyson Y. Herrold, Carl W. Hittinger, Marc G. Schildkraut
October 26, 2022
In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University (SUNY Upstate) and Crouse Health System, Inc...
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Antitrust Advocate
DOJ Antitrust Division Not Backing Down on Labor
By Ann M. O'Brien, Kayley B. Sullivan
September 27, 2022
Despite back-to-back losses in the Department of Justice’s (DOJ) first-ever criminal no-poach and wage-fixing cases, the Antitrust Division (the Division) is not backing down from its enforcement focus on labor. In fact, the Division and...
Read More ->